On a. call of the roll of the Convention the following delegates answered to their names, which constituted a quorum:

Messrs. President,

Byars,

Almon,

Cardon,

Altman,

Carmichael (Colbert),

Ashcraft,

Carmichael (Coffee),

Banks,

Carnathon,

Barefield,

Case,

Bartlett,

Chapman,

Beavers,

Cobb,

Beddow,

Coleman (Greene),

Bethune,

Coleman (Walker),

Blackwell,

Cunningham,

Boone,

Davis (DeKalb),

Brooks,

Davis (Etowah),

Browne,

deGraffenried,

Bulger,

Duke,

Burnett,

Eley,

Burns,

Eyster,

92

JOURNAL OF ALABAMA

Espy,

McMillan (Baldwin)

Ferguson,

McMillan (Wilcox)

Fitts,

Malone,

Fletcher,

Martin,

Foshee,

Maxwell,

Foster,

Merrill,

Freeman,

Miller (Marengo).

Gilmore,

Miller (Wilcox),

Glover,

Moody,

Graham (Montgomery),

Morrisette,

Graham (Talladega),

Mulkey,

Grant,

Murphree,

Grayson,

NeSmith,

Greer (Calhoun),

Norman,

Greer (Perry),

Norwood,

Haley,

Oates,

Handley,

O’Neal (Lauderdale),

Heflin (Chambers),

O’Neill (Jefferson),

Heflin (Randolph),

Opp,

Henderson,

O’Rear,

Hinson,

Palmer,

Hodges,

Parker (Cullman),

Hood,

Parker (Elmore),

Howell,

Pearce,

Howze,

Pettus,

Inge,

Phillips,

Jackson,

Pillans,

Jenkins,

Porter,

Jones (Bibb),

Proctor,

Jones (Montgomery),

Reese,

Jones (Wilcox),

Reynolds (Chilton),

Kirk,

Reynolds (Henry),

Kirkland,

Robinson,

Knight,

Rogers (Sumter),

Kyle,

Samford,

Ledbetter,

Sanders,

Leigh,

Sanford,

Locklin,

Searcy,

Long (Butler),

Selheimer,

Lowe (Lawrence),

Sentell,

Macdonald,

Sloan,

93

CONSTITUTIONAL CONVENTION.

Smith (Mobile),

Walker,

Smith, Mac. A.,

Weakley,

Smith, Morgan M.,

Weatherly,

Sollie,

White,

Sorrell,

Whiteside,

Spears,

Willett,

Spragins,

Williams (Barbour),

Stewart,

Williams (Marengo),

Studdard,

Wilson (Clarke),

Tayloe,

Wilson (Washington),

Vaughan,

Winn-139.

Waddell,

RECOMMITTAL OF ORDINANCE.

On motion of Mr. Sanford, Ordinance 45:

To prohibit a sentence for contempt of court, for any act committed out of its presence, without a trial by jury.

Was recalled from the Committee on Judiciary and recommitted to the Committee on Preamble and Declaration of Rights.

LEAVES OF ABSENCE.

Was granted to Messrs. Long, of Walker, for to-day; Pearce for to-day; Cornwell for to-day and to-morrow; Thompson indefinitely; Cofer for to-day; Titts for to-morrow, Friday and Saturday; Davis, of Etowah, for to-morrow, Friday and Saturday; Craig for to-day.

JOURNAL.

The chairman of the Committee on the Journal submitted the following report:

The Committee on the Journal beg leave to report that they have examined the Journal for the sixth day of the Convention, and that the same is correct.

Respectfully submitted,

JOHN F. PROCTOR, Chairman.

94

JOURNAL OF ALABAMA

The report of the Committee was concurred in.

Mr. Fitts moved that the reading of the Journal be dispensed with, and that the same be approved. The motion prevailed.

RESOLUTIONS.

The following resolutions were introduced, severally read one time at length, and referred to appropriate committees as follows:

Resolution No. 42, by Mr. Altman:

To print three hundred copies of Bill of Rights and Constitution. Be it resolved that three hundred copies of the Bill of Rights and Constitution be printed and distributed among the members of the Convention and committees.

The resolution was referred to the Committee on Rules.

Resolution No. 42, by Mr. Case:

Whereas, The State of Alabama is far behind other States appertaining to educational advantages, and most especially as relating to public schools; and

Whereas, It has been suggested that school districts should be laid off in every county be empowered to vote any taxes upon itself for the education of its children, which it may see proper; and that ten cents now levied on every one hundred dollars worth of taxable property by the State, for school purposes, be repealed; and

Whereas, Should that be done, a great many of such school districts would be composed entirely of very poor people, and thinly settled; and

Whereas, It has been further suggested that, when the above mentioned changes shall have been effected, the State shall stop its appropriations to the common schools; and, whereas, should this be done, each such school would be confined, for support, alone to the taxes levied in its own district-which would cause the common schools in the rural districts to languish and die, as it were, for want of sufficient funds with which to

95

CONSTITUTIONAL CONVENTION.

educate their children; and many bright-eyed boys and girls, the parents of whole fortune has failed to favor, would not have an equal chance for a common school education with the children of those wealthy districts, blessed with railroads, and the homes of many capitalists and large corporations possessed of their millions. For such last named schools would get the principal amount of such money for educational purposes, leaving the poor rural districts almost absolutely destitute of educational aid; therefore, be it

Resolved, That it is the sense of this Convention that it hold intact the present provision of ten cent tax upon the one hundred dollars of assessable property in the State, to be levied and collected for the support of the common schools; and that it request the Legislature to make additional appropriation for such schools, from time to time, whenever the financial condition of the State will justify it.

The resolution was referred to the Committee on Education.

Resolution No. 43, by Mr. DeGraffenreid:

To authorize the President of this Convention to appoint two shorthand reporters to serve the committees and the members of this Convention.

Resolved, That the President of this convention shall appoint two shorthand reporters, at a salary of $2.50 per day, whose duty it shall be to wait upon and serve the committees of this Convention when directed to do so by the respective chairman thereof, and, when not performing work for the committees, to wait upon and serve the members of this Convention in the preparation of ordinances, resolutions and motions, to be submitted to this Convention. The said shorthand reporters appointed under this resolution shall have, as their regular place of business, the cloak room of the Senate Chamber

The resolution was referred to the Committee on Rules.

Resolution No. 44, by Mr. Eyster:

Resolved, That the office of reading clerk of this Convention is hereby created, and the compensation of

96

JOURNAL OF ALABAMA

such reading clerk shall be the same as that of the assistant secretary.

The above resolution was read one time at length, and, on motion Mr. Parker, of Cullman, the rules were suspended, and the motion was adopted.

The following, resolutions were introduced, read one time at length, and referred to appropriate committees, as follows

Resolution No. 45, by Mr. Ferguson:

Resolved, That in framing the suffrage clause to the Constitution to be enacted by this Convention, due regard shall be given to the following well-known principles:

First, that the ability to read and write is not a supreme test of good citizenship.

Second, that the ability to read and write is not a test of bad citizenship.

Third, that the true test of good citizenship is the patriotic and fairly intelligent use of the ballot in the hands of those who look to their country’s good, free from malevolent or corrupting influences of any character whatever, and who, by inherited characteristics, act for the best interests of good government.

Fourth, that it is the purpose of the Convention in conferring, the electoral franchise, to give it in harmony with these principles, to the end that good government shall be made secure, and that substantial, patriotic citizenship shall be recognized in accordance with the Fifteenth amendment to the Federal Constitution.

The resolution was referred to the Committee on Suffrage and Elections.

Resolution No. 46, by Mr. Graham, of Montgomery:

Resolved, That the Secretary of State be and is hereby instructed to furnish each member of this Convention a copy of the Code of Alabama (Civil and Criminal), taking his receipt therefore.

Resolved further, That immediately before this Convention shall adjourn sine die, the members thereof shall return to the Secretary of State the Codes delivered to them, and take up their receipts therefore.

97

CONSTITUTIONAL CONVENTION.

The resolution was referred to the Committee on Rules.

By unanimous consent the resolution No. 46 was withdrawn.

Resolution No. 47, by Mr. Greer, of Calhoun:

Resolved, That a tax of $1.50 per head be and is hereby levied against all dogs, bitches, all other species of the canine family, and said tax to be levied, and collected in same manner that present poll tax is levied and collected, the same to be used exclusively for school purposes, and each school district, or township is to have all of said funds collected in its own township or district; provided, however, that any person or persons convicted of stealing a dog, bitch, or other species of dog, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than $50 nor more than $500, and may also be sentenced to hard labor for the county for not more than six months, at the discretion of the court, and all such fines collected shall go into the general school fund, and the same shall be distributed as may be prescribed by law.

The resolution was referred to the Committee on Education.

Resolution No. 48, by Mr. Greer, of Calhoun:

Resolved, That no county site shall be removed except it be done by a majority of the voters of the county by ballot.

The resolution was referred to the Committee on State and CountyBoundaries.

Resolution No. 41, by Mr. Greer, of Calhoun:

Resolved, That no bill shall be introduced in the General Assembly during the last fifteen days of its session that is purely local in its nature.

The resolution was referred to the Committee on Legislative Department.

Resolution No. 51, by Mr. Henderson, of Pike:

Resolved, That five hundred copies of the present Constitution be printed for the use of the members of this Convention.

The resolution was referred to the Committee on Rules.

98

JOURNAL OF ALABAMA

Resolution No. 51, by Mr. Henderson:

Resolved, That the rate of interest in this State shall be fixed at six per cent per annum; provided, any rate may be contracted for, not exceeding ten per cent per annum, and that these rates shall not be increased or lessened by law. And that no days of grace be hereafter allowed on commercial or negotiable paper.

The resolution was referred to the Committee on Banks and Banking.

Resolution No. 52 by Mr. Henderson:

Resolved, That a commission known as the Railroad Commission of Alabama be established by the new Constitution. That it consists of one president and two associates. One be elected by the people, one by the Senate, and one to be appointed by the Governor. They shall hold office for six years, but it shall be so arranged that one shall go out of office every two years.

Said Commission shall have powers:

First-To exercise a general supervision over all railroads and other common carriers of this State.

Second-To revise all tariff rates for transportation and adjust the same to just and equitable compensation, and to prevent all unjust discrimination.

Third-To require needful improvements, fencing, and repairs, and to require the establishment and changes of stations.

Fourth-To hear and determine all complaints by and against railroads and other common carriers, and its judgments, orders and decrees shall have the force and effect of judgments of law, and it shall have full power to enforce them, as may be provided by law.

Fifth-Said commission shall do and perform any duty required of it by law.

The resolution was referred to the Committee on Corporations.

Resolution No. 53, by Mr. Henderson:

Resolved, That the new Constitution provide that no person of African descent shall hold office in this State, except as a teacher in the public schools of his race; nor shall any such person be drawn to serve as a juror in the courts of this State.

99

CONSTITUTIONAL CONVENTION.

The resolution was referred to the Committee on Judiciary.

Resolution No. 54, by Mr. Henderson:

Resolved, That the new Constitution provide that the Governor of this State shall not be eligible to the Senate of the United States while in office, nor within one year thereafter.

The resolution was referred to the Committee on Executive Department.

Resolution No. 55, by Mr. Henderson:

Resolved, That the new Constitution provide that no member of the General Assembly be allowed mileage for the distance traveled to and from the seat of government, where he travels by public conveyance free of charge.

The resolution was referred to the Committee on Legislative Department.

Resolution No. 56, by Mr. Henderson:

Resolved, That Section 30 of the Declaration of Rights be amended to read as follows:

That no title of nobility or hereditary distinction, privilege, honor or emolument, shall ever be granted or conferred in this State; and there shall be no unjust discrimination against the rights of persons or the rights of things, except in the exercise of the police powers, and of eminent domain of government, and to exempt from taxation property used for educational, charitable and religious purposes; and that no office shall be created, the appointment to which shall last longer than good behavior.

The, resolution was referred to the Committee on Preamble and Declaration of Rights.

Resolution No. 57, by Mr. Henderson:

Resolved, That no special Tax shall be levied and collected to pay the salary of any officer of this State, nor to maintain any separate State department.

The resolution was referred to the Committee on Taxation.

Resolution No. 58, by Mr. Henderson:

Resolved, That the homestead of every resident of this State be exempt from any sale under execution or

100

JOURNAL OF ALABAMA

other legal process from any court, and from sale under mortgage, nor shall the same be waived in any manner for the payment of any claim for money:

Provided, Said homestead shall be liable for the purchase money and for any lien created by law for labor and material furnished for improvements or betterment. If said homestead is not in any city, town or village it shall not exceed in area more than eighty acres, and shall not be increased or lessened in area by law. If in any city, town or village it shall not exceed in value two thousand dollars.

There shall also be exempt in the same manner the following personal property: All household and kitchen furniture, all family portraits and pictures, all books used in the family; but said personal property shall be liable for the payment of any lien for rent for any house used as a dwelling place for such family.

There shall also be exempt from sale under execution or legal process issued from any court, personal property to be selected by the owner not to exceed in value one thousand dollars. But this exemption may be mortgaged, sold by private sale or under legal process where the same is waived as provided by law, for the payment of any debt contracted since the adoption of this Constitution.

The, resolution was referred to the Committee on Exemptions.

Resolution No. 59, by Mr. Henderson:

Resolved, That the new Constitution provide that no bonded indebtedness shall be authorized by law to be created by any county, city, town or other subdivision of the State, unless by the consent of a majority of the legally qualified voters residing within the district to be effected, such consent to be ascertained by an election as may be provided by law. For the payment of bonds issued under this provision for educational purposes, no tax exceeding one-fourth of one per cent shall be levied and collected upon the assessed value of the property within the district for which such bonds may issue.

The resolution was referred to the Committee on Taxation.

101

CONSTITUTIONAL CONVENTION.

POINT OF ORDER.

Mr. Weatherly raised the point of order that under Rule 28 all resolutions should be referred to the Committee on Rules.

The point of order was not sustained.

ORDINANCES ON FIRST READING.

The following ordinances were introduced, severally read at length, one time, and referred to appropriate committees, as follows:

Ordinance 59, by Mr. Almon:

To amend Section 5, Article II of the Constitution, relating to taxation.

The ordinance was referred to the Committee on Taxation.

Ordinance 60, by Mr. Waddell:

To provide for working the public roads of the State.

The ordinance was referred to the Committee on Amending Constitution and Miscellaneous Provisions.

Ordinance 61, by Mr. Waddell:

Giving the General Assembly power to pass laws governing the gathering and marketing of farm products raised in this State.

The ordinance was referred to the Committee on Legislative Department.

Ordinance 62, by Mr. Barefield:

To amend Article 1, Section 1, of the Constitution of Alabama, relating; to Declaration of Rights.

The ordinance was referred to the Committee on Preamble and Declaration of Rights.

Ordinance 63, by Mr. Beddow:

To amend section 7, Article XI of the Constitution of Alabama, relating to taxation.

The ordinance was referred to the Committee on Taxation.

Ordinance 64, by Mr. Beddow:

An ordinance to amend Section 12, Article I, Bill of Rights of the Constitution of Alabama.

The ordinance was referred to the Committee on Preamble and Declaration of Rights.

102

JOURNAL OF ALABAMA

Ordinance 65, by Mr. Blackwell:

To prohibit any person who, while a candidate for any office, shall be guilty of bribery or fraud, or willful violation of any election law, from voting or holding office in this State.

The ordinance was referred to the Committee on Suffrage and Elections.

Ordinance 66, by Mr. Blackwell:

To prohibit any person who practices fraud in elections from voting or holding office in this State.

The ordinance referred to the Committee on Suffrage and Elections.

Ordinance 67, by Mr. Blackwell:

To provide for the filling of all vacancies that may occur in county offices by a direct vote of the people.

The ordinance was referred to the Committee on Executive Department.

Ordinance 68, by Mr. Blackwell:

Providing that each county shall have a superintendent of education, who shall be elected by the people, and shall possess certain qualifications.

The ordinance was referred to the Committee on Education.

Ordinance 69, by Mr. Boone:

To amend Article XIV, Section 1, of the Constitution of Alabama, relating to corporations.

The ordinance was referred to the Committee on Corporations.

Ordinance 70, by Mr. Boone:

To amend Article 1, section 12, of the Constitution, relating to trial by jury.

The ordinance was referred to the Committee on Preamble and Declaration of Rights.

It reports favorably resolution Number 12, introduced by Mr. Bulger, of Tallapoosa, and recommends its adoption by the Convention. Said resolution reads as follows:

Resolution 12:

That, whereas, Hon. John B. Knox, the distinguished President, of this Convention, at the beginning of the permanent organization of the Convention, delivered it most able address, outlining our plans, policies and duties looking to the framing of a Constitution for our State; therefore, be it

Resolved, That the Secretary of this Convention be and he is hereby directed to have printed five thousand copies, of the address for the use of the members of the Convention.

Resolution 15:

It reports that the substance of resolution number 15, offered by Mr. Watts of Montgomery, was already been embodied in the rules of the Convention, and that further consideration thereof has, therefore, become unnecessary.

Resolution 14:

108

JOURNAL OF ALABAMA

It reports favorably upon resolution number 14, introduced by Mr. Rogers, of Sumter, and recommends its adoption by the Convention. Said resolution reads as follows:

Resolved, That the Secretary of this Convention procure and have printed in consolidated form, for the use of its members, five hundred copies of those sections relating to suffrage in the Constitutions of the following States: Connecticut, Massachusetts, Maryland; Pennsylvania, North and South Carolina, Mississippi, Louisiana, California and Utah.

The said resolutions herein above referred to are herewith returned to the Convention.

Resolution 14:

Mr. O’Neal, of Lauderdale, offered the following amendment to resolution 14:

Amend by adding to resolution number 14 at the end thereof the following: “With the duties of the adoption of such Constitution, and the last statutes of the State of Massachusetts in reference to Suffrage and Elections.”

The amendment was accepted by the committee.

Resolution 14:

Mr. Cunningham offered the following amendment to resolution 14:

Amend by adding to such of the Constitution of the United States as relates to Suffrage and Elections.

The amendment was accepted by the committee.

Resolution 11:

Mr. Jones, of Montgomery, offered the following amendment to resolution 11: “Amend resolution 11 by striking out the words ‘one o’clock p. m.’ and inserting in lieu thereof the words ‘at will.’ ”